An Albuquerque woman turned away from the polls last week for wearing a Barack Obama T-shirt is fighting back.

Last week, poll workers saw Samantha Rasmussen wearing a Barack Obama T-shirt as she was preparing to vote. Poll workers asked Rasmussen to leave, citing New Mexico law which prevents campaigns from seeking votes at polling stations.

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According to the Bernalillo County clerk, the New Mexico electioneering law was created to protect voters from excessive or aggressive campaigning in polling places.

She went to her car to turn her shirt inside out, then returned to cast her ballot.

"Wearing a T-shirt doesn't rise to the level of aggression as campaigning or electioneering," Rasmussen said. "You can't infringe upon someone's constitutional rights to freedom of speech, especially where it's silent on the grounds that it might influence voter decision making."

She has since got an attorney.

"When the state creates a law, they need to have a good reason to infringe upon First Amendment rights and in this case they don't," said attorney Ryan Raehl.

Current law states that bumper stickers are allowed within 100 feet of the polls, but political T-shirts and signs are not.

Rasmussen and her lawyer want to change that.

"Basically what we're trying to do is file an injunction that would keep the state from enforcing this law," said Raehl.

From there, they want the law overturned.

Rasmussen's story has gained attention for the issue of just what constitutes electioneering versus freedom of speech. She said she's being approached by strangers on the street.

"They've basically said, 'It's your right. And you should be public about it. You should let people know about it because it needs to be heard,' " Rasmussen said.

The Secretary of State's Office, which deals with electioneering laws, said they have not yet received the lawsuit, and therefore could not comment.